Legal Question in Legal Malpractice in Missouri
Punitive Damages not plead by error in Breach of Fiduciary Duty Case
In pleading a breach of fiduciary duty case against a limited partner "M" who secretly communicated and provided provided the adverse side "K" with confidential documents concerning a breach of contract with the partnership "O" by the adverse side "K", both before and after an agreement was reached with the general partner "H", with the unknown to the partnership offending limited partner "M" to join as a co-plaintiff and fund litigation against "K". At trial on cross examination, smoking guns were produced that impeached "M" and "K" in they had indeed been secretly working in consert against the interests of "O" and ""H". Documents showed hand addressed envelopes between "M" and "K" and a letter stating "please keep this confidential if I say certain things to "H" it is to keep him off guard that we are working in consert with each other ("M" +"K')." Would there be any reason not to have plead punitive damages against the bad limited partner "M"? The jury found $250,000.00 liability on "M", is it indensible legal malpractice to have not plead Puntivies?
1 Answer from Attorneys
Punitive Damages/Fiduciary Duty
"Depends"--some states are very restrictive on when punitive damages can be pled, and require a good faith particularized basis for doing so. Maybe the smoking gun facts were successfully concealed until trial. Also, some states are very restrictive on when punitives allowed. My home state tends toward the view that vile fraud, unaccompanied by hatred, is insufficient. The above is very general: you need to retain and consult with counsel of your choice.
Phillips O'Shaughnessy
Phillips P. O'Shaughnessy, P.A.
1102 Terrace Glen
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